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Table of Contents
Correctional Services Act, 1998 (Act No. 111 of 1998)
Notice No. 1543 of 1998
Preamble
I. Definitions
1. Definitions
II. Introduction
2. Purpose of correctional system
3. Establishment, functions and control of Department
III. Custody of all Inmates under Conditions of Human Dignity
A. General requirements
4. Approach to safe custody
5. Establishment of prisons
6. Admission
7. Accommodation
8. Nutrition
9. Hygiene
10. Clothing and bedding
11. Exercise
12. Health care
13. Contact with community
14. Religion, belief and opinion
15. Death in a correctional centre
16. Correction, development and care programmes and services
17. Access to legal advice
18. Reading material
19. Children
20. Mothers of young children
21. Complaints and requests
B. Discipline
22. General
23. Disciplinary infringements
24. Procedures and penalties
25. [Repealed] Solitary confinement
C. Security
26. Safe custody
27. Searches
28. Identification
29. Security classification
30. Segregation
31. Mechanical restraints
32. Use of force
33. Non-lethal incapacitating devices
34. Firearms
35. Other weapons
IV. Sentenced Offenders
36. Objective of implementation of sentence of incarceration
37. General principles
38. Assessment
39. Commencement, computation and termination of sentences
40. Labour of sentenced offenders
41. Treatment, development and support services
42. Case Management Committee
43. Location and transfer of sentenced offenders
44. Temporary leave
45. Placement and release
V. Management, Safe Custody and Well-being of Remand Detainees
46. Management, safe custody and well-being of remand detainees
47. Food and drink
48. Clothing
49. Safekeeping of information and records
49A. Pregnant women
49B. Disabled remand detainees
49C. Aged remand detainees
49D. Mentally ill remand detainees
49E. Referral of terminally ill or severely incapacitated
49F. Release under supervision of South African Police Service
49G. Maximum incarceration period
VI. Community Corrections
50. Objectives of community corrections
51. Persons subject to community corrections
52. Conditions relating to community corrections
53. Serving of community corrections
54. Day parole
55. Commencement
56. Medical examination
57. Supervision
58. Supervision Committee
59. House detention
60. Community service
61. Seeking employment
62. Employment
63. Compensation
64. Programmes
65. Contribution to costs
66. Fixed address
67. Use of alcohol or illegal drugs
68. Monitoring
69. Additional conditions for children
70. Non-compliance
71. Change of conditions
72. Complaints and requests
VII. Release from a Correctional Centre and Placement under Correctional Supervision and on Day Parole and Parole
73. Length and form of sentences
73A. Incarceration framework
74. Correctional Supervision and Parole Boards
75. Powers, functions and duties of Correctional Supervision and Parole Boards
76. Correctional Supervision and Parole Review Board
77. Powers of Correctional Supervision and Parole Review Board in respect of cases decided by Correctional Supervision and Parole Board
78. Powers of Minister in respect of offenders serving life sentences
79. Medical parole
80. Special remission of sentence for highly meritorious service
81. Special measures for reduction of prison population
82. Powers of President
VIII. National Council for Correctional Services
83. Structure of National Council
84. Functions and duties of National Council
IX. The Judicial Inspectorate for Correctional Services
85. Establishment of Judicial Inspectorate for Correctional Services
86. Inspecting Judge
87. [Repealed] Appointment of Assistants
88. Conditions of service of retired judges
88A. Appointment of the Chief Executive Officer
89. Appointment of staff and assistants
90. Powers, functions and duties of Inspecting Judge
91. Expenses of Judicial Inspectorate
X. Independent Sentenced Offender Visitors
92. Appointment of Independent Sentenced Offender Visitors
93. Powers, functions and duties of Independent Correctional Centre Visitors
94. Visitors' Committee
XI. Compliance Management
95. Compliance monitoring
95A. Departmental Investigation Unit
95B. Code enforcement
95C. Report of Commissioner
XII. Officials of the Department
96. Powers, functions and duties of correctional officials
97. Delegation of powers
98. Professionals
XIII. General Powers of Enforcement
99. Access to correctional centres
100. Arrest
101. Entry, search and seizure
102. Use of force
XIV. Public-Private Partnership Correctional Centres
103. Contracts for public-private partnership correctional centres
104. Duties and restrictions applying to Contractors
105. Appointment of Controller
106. Powers, functions and duties of Controller
107. Appointment of Director
108. Powers, functions and duties of Director
109. Appointment of custody officials
110. Powers and duties of custody officials
111. Preservation of confidentiality
112. Commissioner's powers in an emergency at public-private partnership correctional centre
XV. Offences
113. Interference with correctional or custody officials
114. Interference with community corrections conditions
115. Aiding escapes
116. Unauthorised removal of inmate from correctional centre
117. Escaping and absconding
118. Giving or receiving money or other consideration
119. Supplying certain articles to inmates
120. Inmates receiving or sending articles
121. Selling or supplying articles to inmates
122. Unauthorised entry at correctional centres and communication or interference with inmates
123. Prohibited publication
124. Unauthorised wearing of departmental dress or insignia or prescribed sentenced offender dress
125. Masquerading as an official
126. False representations
127. Unauthorised disclosure of information
128. Unauthorised access to or modification of computer material
128A. Falsifying identification
129. Indirect complicity
Schedule
Schedule : Laws amended by Section 137
Laws amended by Section 137
Regulations for the Administration of the Department of Correctional Services of the Republic of South Africa
Notice No. R. 914 of 2004
Chapter I : Definitions
1. Definitions
Chapter II : Custody of all Prisoners under Conditions of Human Dignity
2. Admission to prison
3. Accommodation
4. Nutrition
5. Clothing and bedding
6. Exercise
7. Health care
8. Contact with Community
9. Death in prison
10. Correction, Development and Care Programmes and Services
11. Recreation
12. Access to legal advice
13. Reading material
14. Discipline of inmates
15. Safe custody
16. Searches
17. Identification
18. Mechanical restraints
19. Non-lethal incapacitating devices
20. Firearms
21. Other weapons
Chapter III : Sentenced Prisoners
22. Classification of sentenced prisoners
23. Labour of sentenced prisoners
24. Case Management Committee
25. Location and transfer of prisoners
25A Register for Sex Offenders
Chapter IV : Management, Safe Custody and Well Being of Remand Detainees
26. Other Categories of Remand Detainees
26A Food and drink
26B Amenities
26C Clothing and bedding
26D Pregnant women
26E Labour of remand detainees
26F Safekeeping of information and records
26G Referral of terminally ill or severely incapacitated remand detainee to court
26H Release under supervision of South African Police Service
26I Maximum incarceration period
Chapter V : Community Corrections
27. Supervision Committee
28. Monitoring
Chapter VI : Release from Prison and Placement under Correctional Supervision and on Day Parole and Parole
29. Length and form of sentence
29A Medical Parole
29B Appointment and composition of the Medical Parole Advisory Board
Chapter VII : Compliance Management
30. Departmental inspectors, investigators and auditors
Chapter VIII : Human Resources and Work Organisation Matters
31. Work facilities
32. Work hours
33. Discipline
34. Emergency work
35. Medical examination
36. Medical Board proceedings
37. Leave and abscondment
38. Establishment of Correctional Services Facilities Fund
39. Establishment of departmental canteen
40. Access to prisons
41. Delegation of authority
Schedules A and B
Schedule A and Schedule B
Schedule A - 2007
Medical Parole Application in terms of section 79 of Act 111 of 1998 as amended
Disciplinary Code and Procedure - 2007
1. Purpose and Scope
2. Principles
3. Scope of Application
4. Codes, Rules and Standards
5. Procedures: Disciplinary Actions
6. Serious Misconduct
7. Disciplinary Hearing
8. Appeal
9. General
Annexure A : Code of Conduct/Acts of Misconduct
Annexure B : Written Warning
Annexure C : Final Written Warning
Annexure D : Notice of Disciplinary Meeting
Annexure E : Notice of Appeal
Disciplinary Code and Procedure - 2009
Introduction
1. Purpose and Scope
2. Principles
3. Scope of Application
4. Codes, Rules and Standards
5. Procedures: Disciplinary Actions
6. Serious Misconduct
7. Disciplinary Hearing
8. Appeal
9. General
Annexure A : Code of Conduct/Acts of Misconduct
Annexure B : Written Warning
Annexure D : Notice of Disciplinary Meeting
Annexure E : Notice of Appeal
Notices
Delegation of Authority
Delegation of Authority
Delegation of Authority
Establishment of Remand Detention Facilities
Commencement of Certain Sections of The Correctional Matters Amendment Act, 2011 (Act No 5 of 2011)
Placement on Parole of Selected Categories of Sentenced Offenders, 2020 COVID-19
Proclamation No. 19 of 2020
habitual criminal
means a person referred to in section 286 of the Criminal Procedure Act.
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